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Decentralized Democracy

Senate Volume 153, Issue 10

44th Parl. 1st Sess.
December 9, 2021 02:00PM
  • Dec/9/21 2:00:00 p.m.

Senator Martin: Leader, I previously raised the June 2018 motion that passed in the other place to immediately designate the Islamic Revolutionary Guard Corps as a listed terrorist entity under the Criminal Code of Canada. That, of course, did not happen, and it is clear by now that it will never happen under this current government. Leader, your government has resisted imposing Sergei Magnitsky Law against Iranian officials involved in the downing of PS752. Your government has also said it’s considering taking Iran to the International Court of Justice, but to date nothing has been done on this front either. Leader, what is your government’s current position on these two points: Magnitsky sanctions and the International Court of Justice?

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  • Dec/9/21 2:00:00 p.m.

Hon. Yonah Martin (Deputy Leader of the Opposition): Leader, tomorrow is Human Rights Day. My question relates specifically to Iran and the shooting down of Flight PS752, which killed 176 people, including 55 Canadians and 30 permanent residents of Canada. Almost two years have passed since this unimaginable tragedy took place, and the families of PS752 are still seeking justice and accountability on behalf of their loved one.

Since the crash, these families have been subjected to intimidation, harassment and abuse from Iranian authorities. The families know very little about the military trial of 10 unnamed individuals that recently began in Tehran. Iran has also refused to participate in negotiations on reparations.

Leader, a lawyer representing the families previously said your government was opaque and unhelpful with their civil case against the Iranian regime. What specific actions are you taking to assist these families now?

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Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today to speak briefly as critic for Bill S-216, formerly Bill S-222, An Act to amend the Income Tax Act (use of resources), also known as the Effective and Accountable Charities Act.

Our leader, Senator Don Plett, was the critic of this bill in the last Parliament and commended Senator Omidvar for doing her work on this issue and for bringing this bill forward. In this new parliamentary session, Senator Omidvar reintroduced her Senate public bill and has already spoken very clearly to the importance of this bill; thus, I will keep my remarks brief like Senator Mercer, who was the chair of the Special Senate Committee on the Charitable Sector, a committee on which, along with Senator Omidvar, I had a chance to serve as well.

We heard first-hand from witnesses and organizations about the issues affecting charities across Canada. Our study brought to light many of the challenges faced by the charitable sector and highlighted key changes that need to be made.

Bill S-216 will do exactly that. It will amend the Income Tax Act to permit charities to provide their resources to a person who is not a qualified donee provided that they take reasonable steps to ensure that those resources are used exclusively for a charitable purpose.

I will quote from some very credible witnesses who were heard at the Standing Senate Committee on National Finance in the last Parliament. They said it best, as did Senators Omidvar and Mercer.

Terrance S. Carter, Managing Partner of Carters Professional Corporation, said:

. . . the amendments proposed in Bill S-222 would, one, lift an unnecessary burden from Canadian charities that have been hampered far too long by antiquated income tax provisions that are out of touch with reality and international standards; and two, would replace it with a regime of resource accountability that would allow charities to work with non-qualified donees, both internationally and domestically, in order to more effectively achieve their charitable purposes.

Bruce MacDonald, President and Chief Executive Officer of Imagine Canada, said:

This bill is another example of the need to evolve the regulatory and legislative framework in which social good takes place. . . . This is a common sense approach to improving the ability of charities to work in meaningful partnership with non-charities in a manner that ensures both accountability and transparency. . . .

In short, I strongly support Senator Omidvar’s bill and ask all honourable colleagues to approve speedy passage of this bill in our chamber so that a message can be sent to the House of Commons to bring us one step closer to bringing Canadian law governing the charitable sector into the 21st century.

Finally, in Senator Plett’s own words: This bill is long overdue. Thank you.

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